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Types of Equity

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Chapter Summary

This chapter focuses on main current classifications concerning equity. As to function, as we have seen in depth, various subdivisions of equity may be made out. We can speak of ?individualizing? equity, ?moderating? equity, ?correcting? equity, and so on. In turn, as to the body or person applying equity, there are as many types of equity as there are subjects involved in the application and elaboration of law: legislators, judges, arbitrators, and the like. The starring role, doubtless, is played by judicial equity, and the judge is the main person responsible for applying law in our legal systems. The chapter covers conventional classifications, or types, of equity, as these are handled by scholars. It starts with perhaps the most important classification, that which sets out a series of different equity cases according to the relation they bear to law.

Keywords: Contra Legem equity; corrective equity; Extra Legem equity; intellectual equity; interpretive equity

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